HomeMy WebLinkAboutZMA200600008 Staff Report 2008-04-01COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Corrected
Project Name: ZMA 06 -08 Berkmar
Staff: Elaine Echols
Business Park
Planning Commission Public Hearing:
Board of Supervisors Public Hearing:
April 1, 2008
May 7, 2008
Owners: Brian McMahon & Stephen K Von
Applicant: Stonehaus Development
Storch; Berkmar Business Park LLC;
represented by Nate Cunningham
Stuard and Margaret Wood
Acreage: 5.67 acres
Rezone from: R6 — residential to NMD
Neighborhood Model District and C -1
TMP: 45 -112, 45 -112E, and portion of 45-
By -right use: Theoretically, 26 units or 39
112G
units with density bonuses and any C -1 use
on the1.25 acre portion zoned C -1
Magisterial District: Rio
Proffers: Yes
Proposal: Up to 275,000 square feet of
Requested # of Dwelling Units: Up to190
mixed commercial and possible residential
DA (Development Area): Neighborhood
Comp. Plan Designation: Regional Service
One
Character of Property: Sloping gently
Use of Surrounding Properties: Keglers
from Berkmar Drive toward route 29 and
Bowling Alley and Schewels Furniture lie to
containing primarily mature forest and two
the east along Route 29. Planet Fun borders
residences.
the site to the south. The property lies across
Berkmar Drive from a day care facility.
Factors Favorable:
Factors Unfavorable:
1. The development reflects a
The following issues have not yet been
compact, urban pattern reflective of
resolved or are still needed:
many of the design elements from
the Neighborhood Model. If the
1. Appropriate proffers for constructing
outstanding issues identified in the
the connector road. The Planning
section on the Neighborhood Model
Commission may wish to provide input
are resolved, the development will
on this issue at the meeting for
reflect an excellent response to the
direction to staff and the applicant.
NM recommendations.
Preparing proffers that are legally
2. The uses proposed in the rezoning
acceptable is also expected to be an
are supported by the existing Land
issue.
Use Plan as well as the proposed
2. Resolution of the stormwater
Places 29 plan.
management approach.
3. Provision for spatial enclosure along
Berkmar Drive.
4. Need for off -site easements or
commitments from adjoining owners
to provide easements for grading and
grading that provides for the
connector road.
5. A commitment to no more than 25%
retail uses for the development.
6. A greater commitment to landscaping
and tree planting in the Code of
Development to deal with loss of trees
identified on the Open Space Plan.
7. Information on special conditions for
Tier III wireless facilities and
commercial recreational
establishments or removal of these
uses from the proposal.
8. Information on how the amenities for a
significant residential use would be
provided where buildings are shown
on the General Development Plan.
9. Provision of a conceptual grading plan
which works with the connector road
as well as with any option constructed
that conforms to the General
Development Plan.
10. Provision for a higher level of
stormwater management and erosion
and sediment control.
11. Provision of standard language for
cash proffers for off -site impacts.
12. Provision of commitment for bus
shelter for transit.
A number of other small technical changes
are needed to the Code of Development,
General Development Plan, the Context Map
showing Option 1 from Rezoning Narrative
dated 2/18/08, and the Project Narrative.
RECOMMENDATION: Staff believes that this project can be an attribute to the County's
Development Areas by reflecting the principles of the Neighborhood Model. If a connector
street is built by the applicant, a transportation goal for the County which has been
articulated to date in the draft Places 29 plan will be achieved.
While staff would like to recommend approval of this rezoning it can only recommend that
the Planning Commission take public comment at the public hearing and provide direction
to the applicant on any changes needed. Staff recommends that the Commission defer
action on the project until the outstanding issues have been resolved.
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STAFF PERSON: ELAINE ECHOLS, mcr
PLANNING COMMISSION: APRIL 1, 2008
BOARD OF SUPERVISORS: MAY 7, 2008
ZMA 06 -08 Berkmar Business Park
PROPOSAL
Stonehaus Development is requesting a rezoning of 5.67 acres from R -6 Residential to NMD.
This plan includes four blocks laid out in a new urban design pattern with buildings oriented
toward Berkmar Drive and an internal street parallel to Berkmar Drive. A portion of a roadway
which would ultimately connect to Route 29 to the east is also shown on the plan. The buildings
would bring a total of 275,000 square feet of mixed commercial uses to this area of
Neighborhood One. Up to 190 units constituting a density of 34 units /acre are also proposed as
optional uses. Mixed -use buildings are not required in the proposed Code of Development, so
solely residential buildings could be built; however, each block requires a minimum square
footage of non - residential use. In other words, residential uses are not required, but, if built
could be up to 34 units /acre. Non - residential uses are required.
The rezoning is accompanied by a narrative describing the strategy for the site. The location
map is Attachment A; the parcels under review for rezoning are shown in Attachment B, the
General Plan of Development is Attachment C; the Code of Development is Attachment D, and
the narrative explaining the applicant's strategy for the site is Attachment E. Proffers are
included as Attachment F. Attachment G is the applicant's illustrative plan. Attachment H
shows perspectives provided by the applicant. Attachment I contains the prior staff report from
2006.
The General Plan of Development shows a depiction of the most important features of design of
the development. The Project Narrative shows several different options that could be achieved
using the General Plan of Development. The detailed plan is representative of one of the
options. The actual plan to be developed would be at the option of the applicant.
PETITION
PROJECT: ZMA 20006 - 0008 Berkmar Business Park PROPOSAL: Rezone 5.67 acres from
R -6 zoning district which allows residential uses and up to 6 units per acre to Neighborhood
Model District (NMD) for up to 275,000 square feet of commercial use and up to 190 units.
NMD allows residential (3 - 34 units /acre) mixed with commercial, service and industrial uses.
PROFFERS: Yes EXISTING COMPREHENSIVE PLAN LAND USE/DENSITY: Regional
Service - regional -scale retail, wholesale, business and/or employment centers, and residential
(6.01 -34 units /acre) in Neighborhood One. ENTRANCE CORRIDOR: No LOCATION: Along
the east side of Berkmar Drive between Woodbrook Drive and Hilton Heights Drive north of
Planet Fun. TAX MAP /PARCELS: Tax Map 45 Parcels 112, 112 E, and a portion of I I2G.
MAGISTERIAL DISTRICT: Rio
BACKGROUND
When the Planning Commission saw this project in a worksession on October 3, 2006, the
applicant was requesting a much smaller rezoning from R -6 to PDMC. (See Attachment I.) A
total of 50,728 square feet was requested for rezoning and no residential units were proposed.
Staff noted that the adjoining property for Planet Fun was being included in an overall
redevelopment proposal but was not included as part of the rezoning. The staff asked the
Planning Commission the following questions and the Commission responded as follows:
1. Question for the Commission: Are the proposed uses appropriate for the site?
When the project was reviewed in 2006, all C1, CO, and HC uses were proposed for the five
buildings shown on the plan at that time. It was the consensus of the Commission that they
would like to get the uses defined and to make sure that the uses are modeled in the traffic
study. The Commission was particularly interested in the applicant establishing the proffered
uses and the level of retail proposed.
2 Question for the Commission: Is the layout appropriate?
It was the consensus of the Commission that they liked the direction that the applicant was
going with the proposed rezoning for Berkmar Business Park as it related to buildings facing
Berkmar and stepping down the hill towards Route 29. The Commission said that applicant
needed to commit to providing a corner treatment along the interconnecting street. The
applicant had indicated that the Planet Fun property was already zoned commercially.
However, the Commission said that if the applicant was going to continue to have the sea of
parking in front of Planet Fun and had control over that property, it would affect the
Commission's decision on whether they should grant a rezoning on this property. The
Commission said that the applicant could do a lot more with the properties they owned than
what was proposed.
3. Question for the Commission: Is a commitment to elevations or perspectives illustrating
building design and specific use of materials important to the Commission?
It was the consensus of the Commission that a greater commitment needed to be made to
provide more detail on the specific use of materials and the design of the structures. The
applicant should characterize the style in general with the massing.
4. Question for the Commission: Should transit proffers be considered by the applicant as a
way to mitigate impacts?
It was the consensus of the Commission that considerations should be given to proffers that
relate to transit and focusing in on making the site transit ready in so far as possible.
5. Question for the Commission: Should the applicant ensure that a public street between
Berkmar and Route 29 be provided at this location in the future?
It was the consensus of the Commission that a public street should be provided between
Berkmar and Route 29 at the location shown on the plan. The Commission acknowledged
the difficulties involved for the applicant but said that the applicant should work with others
to get the road completed because it was going to be necessary in the future. Provisions for
its construction should be provided in this rezoning. The Commission asked staff to provide
written comments from VDOT on their commitment.
6. Question for the Commission: Should the applicant commit to providing for amenities in
this non - residential development?
It was the consensus of the Commission that they were in favor of the expansive use of bio-
filters, but that some sort of commitment should be made for an outdoor amenity serving this
use.
7. Question for the Commission: Should the rezoning for parcels 45 -112 and 45 -112 E affect
the design on the adjoining Planet Fun parcel?
It was the consensus of the Commission that the rezoning for parcels 45 -112 and 45 -112E
should affect the design on the adjoining parcel 45 -112G.
Since the Planning Commission meeting in 2006, the applicant has increased the intensity and
square footage, added residential use to the development and provided a better articulated plan
for a Neighborhood Model District instead of Planned Development — Mixed Commercial.
CHANGES SINCE THE PLANNING COMMISSION LAST REVIEWED THE PLAN
Regarding the Commission's expectations, the applicant has made the following changes which
are discussed further in this report:
Uses — The applicant shows the proposed uses in the Code of Development which mostly are
reflective of C1 and CO uses. Some HC uses have been included in the Code of Development.
A few of the HC uses that have not been included are: laundromat, service station, car repair,
light warehousing, cemeteries, greenhouses and retail nurseries, car washes, and funeral homes.
Inclusion of Planet Fun Parcel in rezoning: Tax Parcel 45 -112 G contains improvements for
the Planet Fun recreational center. The northern part of the parcel containing a portion of the old
go -cart track has now been included in the development and a more fully integrated plan for the
development has been shown. The existing parking lot for Planet Fun along the Berkmar
frontage has not been included in the rezoning. The applicant has indicated to staff that the
presence of a water main in this area makes it difficult to place buildings rather than parking
across the frontage.
Elevations and perspectives: The General Development Plan indicates that there will be
buildings along 75% of the street frontage of Berkmar and parking will be relegated. Buildings
will be along 50% of the connector road and the street which separates Blocks 1 and 3 from
Blocks 2 and 4. Building heights are proposed from 1 — 5 stories. The applicant also provided
perspectives which are provided as Attachment H. Most of the perspectives are along the main
street that runs parallel to Berkmar Drive. They show the character of the street with different
height buildings along it. These drawings are illustrations only.
Transit: Transit proffers have not been provided although the applicant has indicated to staff
that transit can be accomplished by the new continuous decel lane on Berkmar. Also, not as part
of a proffer yet, a bus shelter with seating has been offered if a dedicated stop is established in
front of the project.
Connector Street: The applicant has not offered to construct the connector street fully from
Berkmar to Route 29, which is discussed in detail later in the report. Proffers to construct a
portion of the street have been provided.
5
Amenities: The previous plan showed a large biofilter area along Berkmar Drive which was to
act as an amenity area. Twelve small amenity areas are shown in the Code of Development with
a total of 12,000 square feet. Benches and tables and chairs are offered as the outdoor amenities.
Amenities are discussed later in the report.
PLANNING AND ZONING HISTORY
The zoning of the parcels and surrounding parcels is shown below.
ZMA 2066 -00$
Berkmar Business Park
659
Proposed Area of
N. 45 -112G Rezonin
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Roads Streams
Driveways f Water Body
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�am�r ��n- .rc.......:.. Parcels of Interest
The subdivision and zoning history of the parent parcel TMP 45 -112 is fairly extensive. Since
the 1970's, the parcel has been subdivided several times to produce seven parcels which are Tax
Map 45 Parcels 112 — 112G. Rezonings on the different parcels have also taken place. For the
parcels in question, TMP 45 -112, 45 -112E, and TMP 45 -112G, there has been no rezoning or
special use permit activity. The Planet Fun property adjacent to the parcels (TMP 45 -112G) was
part of TMP 45 -112 and was rezoned from R -6 to C -1 in 1995. A special use permit was issued
for a commercial recreation center at that same time. (ZMA 94 -24 and SP94 -44.)
on
CONFORMITY WITH THE COMPREHENSIVE PLAN
The Land Use Plan shows that the subject property is located in Neighborhood One and is
designated as Regional Service, which supports regional -scale retail, wholesale, business and /or
employment centers, and residential (6.01 -34 units /acre).
Regional Service Designation
The Land Use Plan shows this area to be Regional Service. The Regional Service designation
allows for regional -scale retail, wholesale, business and /or employment centers, and residential
development at 6 — 34 units per acre. The Land Use Plan says:
A mixture of Urban Density Residential uses and community service uses is anticipated within
this designation
7
ZMA 2006 -008 '
Berkmar Business Park
fi59 �
P�
i
Proposed Area of
N 45 -112G
Rezoning
w too 2o0
/� Roads Streams
'°" "" ��-•_- --»
Driveways S Water Body
»—.. _ ...._
BuRdings 0 Parcels
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Parcels oT IM ®rest
Regional Service Designation
The Land Use Plan shows this area to be Regional Service. The Regional Service designation
allows for regional -scale retail, wholesale, business and /or employment centers, and residential
development at 6 — 34 units per acre. The Land Use Plan says:
A mixture of Urban Density Residential uses and community service uses is anticipated within
this designation
7
As in most locations on the Land Use Plan, the Regional Service designation shows a larger area
than just this parcel. The expectation is that there will be a variety of uses within an area and
that residential uses will be provided in relation to the commercial uses to create walkable
mixed -use communities.
At this location, the use could be either commercial or residential. A by -right use that is in
conformity with the Land Use Plan could be accomplished using the R -6 zoning. Likewise, a
non - residential use could be accomplished as a result of the rezoning and be in conformity with
the Land Use Plan. Because of the fairly small size of the parcel and proposal, staff believes that
the proposed uses are appropriate for the site.
The current zoning on the property is R -6 which allows for residential development. By- right, if
all density bonuses were utilized, up to 39 units could be built on the site. The applicant believes
that a strict residential use is not appropriate at this location because it would be surrounded by
commercial development on the west side of Berkmar.
Specific Comprehensive Plan recommendations for the area are limited. Recommendations that
relate to this proposal are as follows:
Maintain the wooded ridgeline along Berkmar Drive to buffer the residential properties along
Woodburn Road.
As a buffer for residential properties along Woodburn Road, the wooded ridgeline relates more
to the west side of Berkmar than the east side where this property is located. With the level of
development proposed, all trees will be removed in order to create the 275,000 square feet of
commercial/office space and possible residential uses.
Maintain and upgrade transit service to the Neighborhood. Consider extending transit service
along Route 29 to the northern most portion of the Neighborhood and to Berkmar Drive.
Transit service is provided at this location and ridership along the route is fairly heavy. In 2006,
staff suggested that the applicant make the site transit ready or offer money towards other transit
improvements for the route. The site is transit ready with the continuous right -turn lane on
Berkmar. The applicant has verbally indicated that he will proffer a bus shelter if a dedicated
stop is provided.
Though the Comprehensive Plan has limited statements concerning specific recommendations
for this area, the area is being studied as part of the Places 29 Master Plan.
Places29 Land Use Designations. The Places29 Land Use Framework Map designates this area
as Office R &D and a portion is shown as Commercial Mixed Use. The proposed development is
in conformity with the proposed Places 29 land use designations in the sense that office and
commercial uses are proposed. Although it is not indicated in the Code of Development or
proffers, the applicant has verbally committed to develop not more than 25% of the total non-
residential square footage allowed as retail. This would equate to 68,750 square feet of retail
use, which is in excess of the by -right use on the portion of parcel 45 -112G. The portion of the
parcel requested for rezoning is 54,450 sq. ft.
N.
Area under
review
In
Office R &D
110mmercial
Mixed Use
Places 29 Plan
Proposed
Places29 Proposed Road. The Places29 Land Use Framework Map also shows a "proposed
road" along the northern edge of TMP 45 -112 and -112E. This proposed road is intended to
connect Berkmar Drive and US 29, and it is an integral part of the Places29 network of roads
parallel and perpendicular to US 29. The applicant has proffered to provide a continuous turn
lane on Berkmar across the site to the Berkmar -Rt. 29 connector road. He has also proffered to
design a road from Berkmar Drive to the end of the existing Schewel's Drive and construct this
section within 1 year of approval by VDOT of the road plans. This issue is discussed in more
detail later in the report.
Open Space Plan
The Open Space Plan shows a wooded buffer across this property adjacent to Berkmar. The Plan
provides the following Objective and Strategy:
Encourage the preservation of existing wooded areas as development occurs in Growth Areas.
Maintain or establish wooded buffer areas between dissimilar land uses as development occurs.
Preserve or establish trees or vegetative buffers in the following specific areas as development
occurs: The wooded ridge along Berkmar Drive Extended which is highly visible from Route 29
North and provides a buffer between adjacent residential and commercial land uses.
The wooded area was designated on the Open Space Plan to prevent a continuous view of
buildings and parking on the ridge adjacent to Berkmar Drive. It was also recommended to help
buffer residential uses on the west side of Berkmar. While the buffering of residential uses is not
a major issue relative to retaining the wooded area, replanting of trees to help break up the visual
appearance of buildings and parking is an issue. This issue can be dealt with by the applicant
providing a greater commitment to landscaping and tree planting in the Code of Development.
Conformity with the Neighborhood Model
The following section outlines staff's analysis of the Neighborhood Model.
0
Pedestrian
The overall network of pedestrian facilities is complete. Sidewalks are
Orientation
shown along the Proposed Berkmar Connector and along Berkmar
Drive. The internal pedestrian system shown provides multiple access
points between parking and buildings. This principle is met.
Neighborhood
Street trees are proposed on Berkmar Drive and on the internal streets
Friendly Streets and
along with sidewalks. This principle is met.
Paths
Interconnected
The applicant proposes a drive that will ultimately connect Route 29
Streets and
to Berkmar Drive. However, no specifics for a dedication of this road
Transportation
have been provided nor is there a commitment to build the street to
Networks
Route 29 to make the interconnection. An interconnection to the
Planet Fun site is provided. The applicant has shown a right -turn lane
on Berkman Drive which can be used for transit. This principle is met
on -site but not off -site.
Parks and Open
Agnor Hurt School is the closest park to this development. Small
Space
outdoor amenity areas for workers as shown on page 7 or the Code of
Development. These areas would not be sufficient for 190 residents.
The applicant has said in the Code of Development that if multi-
family units are built, recreational amenities in accordance with
zoning ordinance requirements will be provided. If multi - family units
are provided, areas shown for buildings may have to be devoted
instead to areas for outdoor recreation. The Code of Development
needs to reflect this possibility. This principle is not yet met.
Neighborhood
This development would become a center and there are other centers
Centers
in the area include the Rio Hill Shopping Center, Woodbrook
Elementary, and Agnor Hurt School. This principle is met.
Building and
The applicant is seeking to create a mixed use development and
Spaces of Human
through the General Development Plan shows where buildings will be
Scale
located along streets. For single - family attached units and multi-
family structures, the applicant is proposing a minimum of 2- stories
and a maximum of 4- stories. For mixed -use buildings and non-
residential buildings, the applicant is proposing a minimum of 1 -story
and a maximum of 5- stories. Along Berkmar, a build -to range of 1 —
15' is proposed.
Staff has encouraged the applicant to provide a minimum of 2- stories
for all buildings; however, the applicant has indicated he would like
the option of constructing only 1 -story buildings on Berkmar. The
applicant has said that requiring 2- stories throughout the development
will likely result in additional parking which would require a larger
parking structure. A larger parking structure would likely overwhelm
2 -story buildings on Berkmar. Additionally, the applicant believes
that the future development across Berkmar from this development is
very limited because of shallow depth of parcels. The applicant
believes that it is unlikely that spatial enclosure could be achieved
along Berkmar. For this reason, the applicant does not wish to
commit to providing 2 -story buildings on Berkmar.
Current Places 29 recommendations which have not yet been vetted
U
11
by the Planning Commission suggest 3 — 6 stories in height for non-
residential uses and a maximum of 4 stories for residential uses.
While staff believes that build -to lines of 1 — 15' on Berkmar and
maximum heights proposed may be appropriate, a 2 -story minimum
on Berkmar is more appropriate than a 1 -story minimum. As this
project will build -out over a long period of time, future parking
requirements and transportation solutions may solve this issue. This
principle is not met.
Relegated Parking
Parking is relegated throughout the development behind buildings,
possibly in parking structures, and on- street. This principle is met.
Mixture of Uses
A mixture of uses is proposed. This principle is met.
Mixture of Housing
Although the applicant is requesting a Neighborhood Model District,
Types and
he is requesting that provision of housing be at the option of the owner
Affordability
of the property. If housing is provided, it may be single - family
attached or multi - family. It may be in apartments on upper level
floors of multi -story buildings.
The property is shown as Regional Service on the current Land Use
Plan and primarily Office R &D on the proposed Places 29 Plan.
Neither of these designations requires housing. For that reason, staff
can support housing being provided at the option of the owner.
The owner has proffered to provide 15% of any housing developed as
affordable. Proffers will need to be reworded to reflect current
County policy. This principle is met.
Redevelopment
Most of the property is undeveloped. Except for a small portion of the
Planet Fun site, this principle is not applicable.
Site Planning that
The terrain is fairly hilly at this location and the applicant has
Respects Terrain
proposed a development which steps buildings and parking areas
down the hill in an appropriate fashion. A critical slopes waiver
request was made by the applicant and submitted with the latest
proposal. Because of time constraints, staff has not been able to
analyze the critical slopes waiver with this report. If possible, staff
will provide this analysis at the Commission's public hearing.
Issues of concern relate more to grading than disturbance of critical
slopes. The County Engineer has said that it is not clear that the
grading concept will work without extensive cooperation from off -site
owners. There are no tie -ins on the north side, and the grading does
not include the connector road. This principle is not met.
Clear Boundaries
This parcel does not abut a Rural Area boundary. Therefore, this
with the Rural
principle is not applicable.
Areas
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STAFF COMMENT
Relationship between the application and the purpose and intent of the requested zoning
district:
Most of the property is within the R -6 Zoning district which may not be appropriate for either
Regional Service (from the current Land Use Plan) or Office R &D (proposed from Places 29).
Both Regional Service and Office R &D allow residential uses but do not require it for small sites
of 5 acres or less.
In terms of uses proposed, as previously indicated, the applicant has requested high density
residential uses and mostly C -O and C -1 commercial uses. Some HC uses are also proposed.
Staff has concerns with two of the uses — commercial recreation, which includes dance halls and
pool halls, and Tier III towers where there are no special conditions attached. One solution
would be to exclude dance halls and pool halls from the list of uses and make sure that all
supplementary regulations in the Zoning Ordinance apply for the remaining commercial
recreation uses. The same recommendation exists for Tier III towers. Either a set of
supplementary regulations should be provided in the Code of Development or the use should be
excluded. These two issues have only been recently identified by staff, however, changes to
address these issues are not considered major.
The request for NMD is appropriate in terms of requesting a desirable form of development.
The intent of the NMD is provided below:
The NMD is intended to provide for compact, mixed -use developments with an urban
scale, massing, density, and an infrastructure configuration that integrates diversified
uses within close proximity to each other within the development areas identified in the
comprehensive plan.
The particular uses permitted within a particular district, as well as the character, form
and density of the development, shall be derived from the comprehensive plan, including
the land use plan for the applicable development area, the master plan for the applicable
development area, and the Neighborhood Model. Density shall be achieved with careful
attention to design, as articulated in the Neighborhood Model.
Public need and iustification for the change: The County's Comprehensive Plan supports
rezoning proposals which are in conformity with recommendations for use, density, and form.
The proposed use of the property for office needs appears appropriate and staff believes that a
small amount of retail use could be supported.
Attachment J provides the retail and office analysis provided for the Places 29 Assets, Needs,
and Opportunities Report. It shows that the County has more than enough retail square footage
rezoned for its absorption rate. For office square footage, excess capacity exists within the
University Research Park (formerly known as North Fork). Because of the unique requirements
of the University relative to the Research Park, it appears that additional office square footage is
needed over the next 10 years.
Staff believes that the applicant should limit the amount of retail proposed to no more than 25%
of the square footage. The applicant has verbally agreed to do this.
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Impact on Environmental, Cultural, and Historic Resources: The Open Space Plan shows
no important streams or slopes on the property. It does, however, show wooded areas which
were discussed earlier in the report. No cultural or historic resources are on the property.
Anticipated impact on public facilities and services
Transportation
Access to the site is provided from Berkmar and from the adjoining Planet Fun parcel when it
is redeveloped. The connection from Berkmar to Route 29 is not shown on the General
Development Plan or the Illustrative Plan, but, proffers indicate a commitment to build the road
to the terminus with Schewel's. Schewel's Drive is not built to a public street standard.
The connector road is an important road shown on the Places 29 draft Master Plan. The
proposed Access Management Plan shows the closing of several entrances on Rt. 29 and
consolidation to just a few entrances. Closing of the entrances to Schewels and Better Living
and rerouting their access to Route 29 are needed in order to make the Access Management Plan
work. The applicant has proffered to build the connector road but not make the intersection and
signal improvements needed. The applicant has said that the entrance improvements should be
the responsibility of VDOT since VDOT created the entrances that are being used today when
they widened Route 29 a few years ago. The applicant has also indicated that the adjoining
owners have no motivation to respond to a request to close and reroute entrances because their
current driveways are functional as they are.
The applicant has provided a traffic impact analysis, for which full comments have not yet been
received. Comments to date are included with comments from the County's Transportation
Planner and the County Engineer. (See Attachment K.) VDOT, the County Engineer, and the
County's Transportation Planner all agree that the connector road should be built for and with
this project. Further, they have said it should be the applicant's responsibility to build the road
because of the impacts from Berkmar Business Park. A site plan for an adjoining property to the
south on Rt. 29, Rivanna Plaza, proposes to consolidate entrances and close Schewel's entrance
to the existing connector road. This leaves only the Better Living entrance to be redesigned.
As previously, stated, the applicant has said he would proffer to design and build the road if
VDOT will redesign and build the entrance to Better Living and pay for all intersection
improvements. At present, staff does not believe this is enough to mitigate the impacts of the
275,000 square feet of retail and office and up to 190 residential units.
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Schools — If all 190 units are built in the development, approximately 24 elementary students
from the development would go to Agnor Hurt Elementary School, 10 middle school students
would go to Sutherland Middle School, and 9 high school students would go to Albemarle High
School. It is not known if or when any of these units would be built; however, impacts to the
schools (as well as to public safety, parks and recreation, and libraries) would be mitigated with
cash proffers which are provided by the applicant.
Fire, Rescue, Police — Fire and Rescue service is provided from the Seminole Fire Station and
response time is adequate. Police coverage takes place through the sector -beat method so that
response times within the development areas are met.
Utilities — The property can be served by public water and sewer which are on the site.
Stormwater Management — The applicant has proposed using the County stormwater basin
next to Kegler's Bowling Alley to satisfy their stormwater management requirements. However,
the County Engineer has concerns with the stormwater management concept. He has said that
there appears to be about 5.5 acres draining to the proposed BMP with a removal rate around
68 %, and the facilities are too small to accomplish this. It is also unclear whether water quality
treatment is being offered for the Planet Fun development. Stormwater management at this
location is also very important because of possible downstream impacts on the Woodbrook
ponds and the Woodbrook and Carrsbrook neighborhoods.
General Services maintains this basin for the County and the applicant has been working with
their staff on this possibility. In theory, the proposed changes can be made, but, General
Services has indicated an unwillingness to accept changes to the county facility for additional
detention. There are technical issues with the rock blasting and the proposed redesign of the
facility.
While modifications to the basin may be possible, there remain complex technical and legal
issues to resolve before it can be assured the basin can satisfy this property's stormwater
management requirements. While the applicant and General Services staff have made progress
towards satisfying those issues, the issues are still unresolved. If the applicant is unable to
resolve the issues for use of the Kegler's basin, it will be necessary for the property's stormwater
management requirements to be satisfied through on -site facilities. The tight arrangement of
buildings and parking areas with this plan means on -site stormwater management will require an
extensive underground facility. Based on past problems with similar facilities, County staff has
only supported this type of facility when all other options are exhausted and the alternative
would be to prohibit the owner use of their property.
To avoid creating a similar circumstance with this project, staff recommends the stormwater
management issue be resolved prior to approval of the rezoning.
The County Engineer has added that in general, most other rezonings are providing more than
the bare minimum in stormwater management and erosion control. This plan is proposing the
minimum, and it may not be feasible without county cooperation in use of the county facilities.
He has suggested that, similar to other recent rezonings, the applicant commit to enhanced
stormwater management and erosion control.
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PROFFERS
Attachment F contains the applicant's proffers which are described below:
Proffer 1— The applicant proffers to construction of 15% affordable dwellings. In general the
proffer meets the County's policy. Technical changes are needed to the wording to make it
legally and substantively acceptable to the County Attorney's office and the Housing Director.
Proffer 2 — The applicant has made cash proffers to mitigate impacts. The applicant has
indicated a willingness to use the County's standard language for making cash proffers. The
standard language will need to be updated for 2009 such that the amount for SFA/TH would be
$12,100.00 and for MF -- $12,600.00. There is also an annual adjustment formula which would
be needed in the proffers.
Proffer 3 — The applicant has proffered to:
a. design and construct a continuous right turn/decel lane on Berkmar Drive and finish
within 2 years after approval of the first site plan.
Staff has not heard back from VDOT on whether the right turn/decel lane is required or
whether this proffer is appropriate. If it is desirable, staff will propose a completion date
which is tied to a building permit rather than a future date.
The applicant has also proffered to
b. design a public street to connect from Berkmar to the termination of Schewel's drive.
c. construct the public street to the termination of Schewel's drive within one year of
VDOT's approval of the street plans.
d. construct the portion of the connector road so that it will be in accord with the proposed
center line and grade profile for the entire road.
As previously indicated, Schewel's drive doesn't meet public road standards and entrances
along Route 29 will need to be redone. Because the applicant is only proffering to make the
changes from Berkmar to Schewel's drive, the impacts of the development are not adequately
addressed.
Absent from the proffers are the expected commitments for a higher level of erosion and
sediment control offers as well as a higher level of stormwater management. Staff does not
know whether the applicant will make these proffers, though they have been recommended by
the County Engineer.
OUTSTANDING ISSUES
On March 20, staff provided the applicant 2 %2 pages of changes needed to the proffers, the Code
of Development, the Illustrative Plan, the Narrative, and the connector road and indicated that
these changes were only a portion of the changes needed. Additional comments were expected
from other reviewers. Because of the importance of resolving substantive issues and the number
of outstanding smaller technical issues staff suggested that the applicant defer until he could get
most of the issues resolved. The applicant declined and asked that his public hearing be held
with the Planning Commission. He also wishes to take the proposal to the Board on May 7.
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There are both substantive and technical changes needed to the documents that are part of the
rezoning and staff is concerned with how all of these items can be resolved between April 1 and
April 14 which is the date on which all items are to be finalized for the Board hearing.
The most significant needs are listed below:
1. Appropriate proffers for constructing the connector road. The Planning Commission may
wish to provide input on this issue at the meeting for direction to staff and the applicant.
Preparing proffers that are legally acceptable is also expected to be an issue.
2. Resolution of the stormwater management approach.
3. Provision for spatial enclosure along Berkmar Drive.
4. Off -site easements or commitments from adjoining owners to provide easements for
grading and grading that provides for the connector road.
Significant changes to the Code of Development include:
1. A commitment to no more than 25% retail uses for the development.
2. A greater commitment to landscaping and tree planting in the Code of Development to
deal with loss of trees identified on the Open Space Plan.
3. Information on special conditions for Tier III wireless facilities and commercial
recreational establishments or removal of these uses from the proposal.
4. Information on how the amenities for a significant residential use would be provided
where buildings are shown on the General Development Plan.
Significant changes to Conceptual Grading Plan
1. Provision of a conceptual grading plan which works with the connector road as well as
with any option constructed that conforms to the General Development Plan.
Significant changes to the Proffers:
1. Provision for a higher level of stormwater management and erosion and sediment control.
2. Provision of standard language for cash proffers to provide for impacts to public
facilities.
3. Provision of commitment for bus shelter for transit.
Many other small technical changes are needed to the Code of Development, General
Development Plan, the Context Map showing Option 1 from Rezoning Narrative dated 2/18/08,
and the Project Narrative.
FACTORS FAVORABLE
1. The development reflects a compact, urban pattern reflective of many of the design
elements from the Neighborhood Model. If the outstanding issues identified in the
section on the Neighborhood Model are resolved, the development will reflect an
excellent response to the NM recommendations.
2. The uses proposed in the rezoning are supported by the existing Land Use Plan as well as
the proposed Places 29 plan.
FACTORSUNFAVORABLE
The following issues have not yet been resolved or are still needed:
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1. Appropriate proffers for constructing the connector road. The Planning Commission may
wish to provide input on this issue at the meeting for direction to staff and the applicant.
Preparing proffers that are legally acceptable is also expected to be an issue.
2. Resolution of the stormwater management approach.
3. Provision for spatial enclosure along Berkmar Drive.
4. Need for off -site easements or commitments from adjoining owners to provide easements
for grading and grading that provides for the connector road.
5. A commitment to no more than 25% retail uses for the development.
6. A greater commitment to landscaping and tree planting in the Code of Development to
deal with loss of trees identified on the Open Space Plan.
7. Information on special conditions for Tier III wireless facilities and commercial
recreational establishments or removal of these uses from the proposal.
8. Information on how the amenities for a significant residential use would be provided
where buildings are shown on the General Development Plan.
9. Provision of a conceptual grading plan which works with the connector road as well as
with any option constructed that conforms to the General Development Plan.
10. Provision for a higher level of stormwater management and erosion and sediment control.
11. Provision of standard language for cash proffers for off -site impacts.
12. Provision of commitment for bus shelter for transit.
A number of other small technical changes are needed to the Code of Development, General
Development Plan, the Context Map showing Option 1 from Rezoning Narrative dated 2/18/08,
and the Project Narrative.
RECOMMENDATION
Staff believes that this project can be an attribute to the County's Development Areas by
reflecting the principles of the Neighborhood Model. If a connector street is built by the
applicant, a transportation goal for the County which has been articulated to date in the draft
Places 29 plan will be achieved.
While staff would like to recommend approval of this rezoning it can only recommend that the
Planning Commission take public comment at the public hearing and provide direction to the
applicant on any changes needed. Staff recommends that the Commission defer action on the
project until the outstanding issues have been resolved.
ATTACHMENTS
ATTACHMENT A-
ATTACHMENT B -
ATTACHMENT C -
ATTACHMENT D -
ATTACHMENT E -
ATTACHMENT F -
Location Map
- Composite Plat Showing Parcels 112, 112E, 112G, and 112G1
- General Plan of Development
- Code of Development
- Narrative explaining the applicant's strategy
- Proffers
ATTACHMENT G:
Context Map showing Option 1 from Rezoning Narrative dated 2/18/08
ATTACHMENT H:
Staff Report dated October 3, 2006
ATTACHMENT I:
Perspectives
ATTACHMENT J:
Places 29 ANO Report dated June 2007
ATTACHMENT K:
Comments on Traffic Impact Analysis
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